How do I apply to enforce a Section 21 in a court application

Hi Paul,

I have previous articles which I hope you will find useful:

Government move to issue accelerated possession claims online >> http://www.property118.com/government-move-issue-accelerated-possession-claims-online/70206/

Speedy evictions – The whys and wherefores >> http://www.property118.com/speedy-evictions-whys-wherefores/69309/

3 steps to court approval for speedy evictions >> http://www.property118.com/3-steps-court-approval-speedy-evictions/69742/

Fees for issuing a possession claim in the county court set to increase by £75 >> http://www.property118.com/fees-for-issuing-a-possession-claim-in-the-county-court-set-to-increase-by-75/76769/

Tenant eviction webinar questions part 2 >> http://www.property118.com/tenant-eviction-webinar-questions-part-2/77704/

What? A troublesome Housing Benefit tenant?
We don't hear of many of them do we?

You are quite right, PCOL cannot be used for section 21 claims.

There is a special procedure you can use, which is laughingly called the 'accelerated procedure' which actualy takes about 8-10 weeks.

I have an article on my blog about an actual case I did a couple of years ago which shows exacly how long it took to evict a benefit tenant http://www.landlordlawblog.co.uk/2012/10/09/evicting-housing-benefit-tenants-kates-story/

I have a free guide you can use which you will find here http://www.landlordlaw.co.uk/whichpossessionproceedings which will help you work out what is the best procedure, how to avoid some of the pitfalls and where you can find more help.

Constant late payments, aggression, potential damage to property, breach of tenancy agreement are all grounds for issuing Section 8 notice.

@Harry But if you issue proceedings for possession based on those grounds (which are discretionary not mandatory) and they are defended (particularly if your tenant gets legal aid) it could end up taking a year or more and costing you many thousands of pounds.

And you may end up with no possession order if the Judge finds for the tenant - in which case you will have to pay his legal costs!

This section of my Which Possession Proceedings Guide http://www.landlordlaw.co.uk/whichpossessionproceedings-a8 explains why

Then read the Guide from the beginning http://www.landlordlaw.co.uk/whichpossessionproceedings

Having just gone through the full eviction process as a result of the somewhat bizarre behaviour of a "tenant" I am sorry to hear of your plight and, as has been mentioned by Tessa the so called Accelerated procedure is not quite what it sounds like. However, it is worth it in the end - once you have cleaned up the mess and damage that is left in their trail..

That said, I never cease to be amazed to hear of Councils - and/or Shelter and CAB - advising or encouraging tenants to remain in the property "till the bitter end" without ever trying to understand the problem behind the Landlord wanting to evict the tenant. Yes I know that it is the law, however, if the tenant is a problem to neighbours whether it be noise, drugs or any other anti social behaviour it does seem fascicle for the tenant to be encouraged to remain till the Bailiff has been assigned to the case (regardless of whether the original action was via a Section 21 or a Section 8 notice).
Maybe it is the underlying law that needs to be amended for certain - specified - scenario.

If the tenancy agreement asks for monthly payments in advance and, say your tenant must pay on the 10th of October and it is now the 11th of November and he owes for the month of October and now hasn't paid on the 10th of November, I believe this is equivalent to the Housing Benefit Office's requirement that a person be the equivalent of 8 weeks in arrears and you can then get direct payments - this could help minimise losses as the court procedure progresses. Good luck.

If you can show constant documented arrears and/or late payments you can apply to the council for direct payments, if they don't play ball then i'm sure i came across legislation that demands direct payments under just such circumstances? But in any case talk to the council in the first instance, but be firm.
For future ref, if you take HB tenants you are within your rights to ask for direct payments right from inception as a condition of issuing the tenancy or not. It will be a decision make by a 'board' of some sort, however if its part of the tenancy agreement and you refuse to issue a ten.ag. without it, so the tenant will not be housed otherwise, then the council will yield..It most definitely can be done..Plus you'll then have 'authority' on the account too so you can phone and sort any issues your darling diligent tenant may have with their claim..Good luck
J